IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present :-

The Hon’ble Justice PARTHA SARATHI SEN WPA 30371 of 2024 With IA NO. CAN 2 OF 2025 S. Shaleh @ Shaleh.

-Vs-

Bank of Maharashtra & Ors.

For the Petitioner: Mr. Achin Kumar Majumder, Adv., Ms. Ananya Adhikary, Adv.

For respondents/Bank: Mr. Subir Sanyal, Sr. Adv., Mr. Sourav Kumar Mukherjee, Adv., Ms. Falguni Jana, Adv., Ms. Sahana Pal, Adv., Mr. Souhardya Mitra, Adv.

Hearing concluded on: 12.12.2025. Judgment on: 19.12.2025.

PARTHA SARATHI SEN, J. : –

1. The subject matter of challenge in the instant writ petition is the memo dated 07.12.2024 as issued by the respondent no.6/ Authority addressed to the writ petitioner whereby and whereunder the respondent no.6/authority transferred the writ petitioner from Kolkata Zone to Patna Zone.

2. It is undisputed that the writ petitioner is a Senior Manager in Scale III and pursuant to her release on 08.01.021 from Pune City Zone she joined in the Kolkata Zonal Office of respondent no.1/bank as Senior Manager, Scale III.

3. At the time of hearing, Mr. Majumder, learned advocate appearing on behalf of the writ petitioner at the very outset draws attention of this Court to page nos.22 to 39 of the instant writ petition being a copy of memo dated 24.06.2024 enclosing therewith a copy of the Transfer Policy governing the officers in Scale I, II and III as adopted by the Board of Directors of the respondent no.1/bank in a meeting dated 07.06.2024.

4. In course of his submission Mr. Majumder further draws attention of this Court to Clauses 5.4 and 5.5 of the said Transfer Policy under the heading “Inter Zone Transfer”. It is submitted by Mr. Majumder that on careful perusal of Clauses 5.4 and 5.5 of the said Transfer Policy it would reveal that the officers in MNGS-II and III who have completed six years continuous service in a zone would be transferred to another zone and Clause 5.5 of the said Transfer of Policy contemplates that in case of an officer, specialized officer and general officer who has completed normal tenure of three years at one post and in the event suitable post/vacancy is not available in the zone he/she would be transferred in any other zone.

5. Drawing attention to Clause 11 of the said Transfer of Policy it is further submitted by Mr. Majumder that the said Clause 11.1 clearly indicates the competency of an authority who is entitled to transfer an officer in the Scale of I, II and III. It is submitted by Mr. Majumder that from the tabular chart as has been given under Clause 11.1 of the said Transfer Policy contemplates that DGM,HRM is the competent authority to transfer officers in Scale I, II and III. Drawing attention to the order of transfer dated 07.12.2024 a copy of which has been annexed at page no. 40 of the instant writ petition it is further submitted by Mr. Majumder that from the said transfer order/memo dated 07.12.2024 it would reveal that it is the respondent no.6, who is Assistant General Manager, HO- HRM had issued the said transfer order who is much below the rank of DGM, HRM and thus the respondent no.6 is not at all competent to issue the said impugned memo in view of Clause 11.1 of the said Transfer Policy. Drawing attention to paragraph nos.9 and 25 of the instant writ petition it is further submitted by Mr. Majumder that such incapacity of the respondent no.6/authority to transfer the writ petitioner from Kolkata Zone to Patna Zone has been specifically pleaded in paragraph nos.9 to

25 of the instant writ petition.

6. At this juncture Mr. Majumder took me to page no.33 of the affidavit-in-opposition as filed by the respondent nos.1 to 7 being a copy of the Office Order dated 06.06.2023. It is submitted by Mr. Majumder that from the copy of the said Office Order dated 06.06.2023 it would reveal that one Shri Barve Ajay Srikrishna who is an officer in the rank of the Assistant General Manager, Disciplinary Matter Cell, HRM Department was advised to officiate and exercise all t